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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PELAKSANAAN PROGRAM DOOR TO DOOR SYSTEM DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN KELAPA SAWIT DI WILAYAH HUKUM POLRES KABUPATEN ROKAN HULU Kifli Raji; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The Door to Door System program is one of the programs at the Rokan Hulu Policewhich aims to tackle criminal acts of palm oil theft in the jurisdiction of the Rokan HuluPolice. However, in reality the Door to Door System program is not running effectivelybecause there are several obstacles in its implementation, one of which is a lack of personnelknowledge at the time of implementation and the limited number of personnel inimplementing the Door to Door System program. So the problem formulation in this researchconsists of: 1) how is the Door to Door System Program Implemented in Overcoming theCrime of Palm Oil Theft in the Legal Area of the Rokan Hulu Regency Police, 2) what are theinhibiting factors, and 3) what are the efforts made in Implementation Door to Door SystemProgram. The aims of this research are 1) to find out the implementation of the Door to DoorSystem Program, 2) to find out the inhibiting factors in dealing with criminal acts of palm oiltheft and 3) to find out the efforts made in implementing the Door to Door System Programso that they can be more optimal in dealing with criminal acts palm oil theft.This type of research can be classified as sociological juridical legal research,because this research emphasizes research aimed at gaining knowledge about the door todoor system strategy used by the police in dealing with criminal acts of palm oil theft inRokan Hulu Regency. This research was conducted at the Rokan Hulu Police Station. In thisresearch, the data sources used are primary data and secondary data, data collectiontechniques in this research are observation, questionnaires and interviews.From the results of the research carried out, it can be concluded that, theimplementation of the Door to Door System Program in Overcoming the Crime of Palm OilTheft in the Legal Area of the Rokan Hulu Regency Police through outreach activities to thecommunity, distribution of information, conducting outreach such as raising publicawareness or vigilance, inviting the public to exchange information and also maintain thesecurity and comfort of the community as well as carry out direct monitoring of the fieldwhere the monitoring will be accompanied directly by the community and build activecommunication with the community. Obstacles include a lack of quality personnel and a lackof information. Meanwhile, the efforts made are implementing a rolling personnel model andempowering local wisdom.Keywords: Door to Door System Program, Crim, Palm Oil Theft.
DAMPAK PENERBITAN SK.903/MENLHK/SETJEN/PLA.2/12/2016 TENTANG KAWASAN HUTAN PROVINSI RIAU TERHADAP KEPEMILIKAN TANAH PADA MASYARAKAT DI KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU Annisa Fitria Habibah; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Ownership rights to land are regulated in Article 20 of the Basic Agrarian Law, whichstipulates that land ownership is an hereditary, strongest, and fullest right that individuals canhave over land, with a social function. The issuance of Minister of Environment and ForestryDecree Number 903/MENLHLK/SETJEN/PLA.2/12/2016 regarding the Forest Area in Riau Province changes the status of theregion to a forest area. One of the areas affected by this change is the Lubuk Batu Jaya Sub-district in the Indragiri Hulu Regency, where the residents have settled prior to the reform in1997 and received goverment assistance, such as land for residence and cultivation, especiallyfor transmigrants. As of now, there is still no clarity regarding the status of land ownership forthe community whose land falls within the forest area based on the ministerial decree. Theobjective of this research is to understand and analyze the impacts resulting from the issuance ofMinister of Environment and Forestry Decree Number 903/MENLHK/ SETJEN/PLA.2/12/2016on land ownership in the Lubuk Batu Jaya Sub-District. Additionally, the research aims toidentify efforts to resolve land ownership issues for the community after the implementation ofthe aforementioned decree.The research methodology employed in this study is sociological. The study is conductedin The Lubuk Batu Sub-district, Indragiri Hulu Regency, Riau. The population and samplesinclude Section 2 of the land office in the Indragiri Hulu Regency, the sub-district head of LubukBatu Jaya, the community of Lubuk Batu Jaya Sub-district (Pondok Gelugur Village, RimpianVillage, and Lubuk Batu Tinggal Village), and the founders of the Non-GovermantalOrganization Forest Rescue Network Riau (JIKALAHARI). The Data sources include primary,secondary, and tertiary data, with data collection techniques involving interviews and literaturereviews.The impacts related to land ownership for the residents of Lubuk Batu Jaya Sub-districtwithin the Riau Province Forest Area after the issuance of Minister of Environment and ForestryDecree Number 903 include the inability of of residents to obtain funds for Smallholder Oil PalmRejuvenation (PSR), inability to apply for loans with Land Certificate (SHM) collateral, andinability to engage in land transcaction. This is due to the lack of clarity regarding the legalityof land ownership certificates held by the community, preventing them from performing legalaction that require SHM legality.Keywords: Land Ownership, Forest Area, Legal Certainty
FUNGSI DAN KEDUDUKAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 1999 DAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Sihotang, Angga Alfonsus; Jayakusuma, Zulfikar; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The DPRD remains in place as an organizing element of regional government, andcontinues to have the authority to jointly discuss draft regional regulations with regionalheads, discuss and determine the APBD with regional heads, and has a role as supervisor ofthe implementation of mutually approved Regional Regulations and mutually approvedAPBDs. This means that the DPRD is a working partner of the regional head in administeringregional government as intended by Law Number 23 of 2014 concerning regional government.If the DPRD is said to be a legislative institution, it is not correct, because the DPRD is not anabsolute institution that has the power of a legislative institution like the DPR RI.The aims of writing this thesis are: first, to find out the function and position of the DPRDbased on Law Number 22 of 1999 and Law Number 23 of 2014 concerning RegionalGovernment. Second, to understand the ideal concept of the function and position of the DPRDin the Regional Government system. The research method in this thesis uses a type of normativejuridical research, namely research that focuses on examining the application of rules ornorms in positive law. The nature of this thesis research is researchdescriptivewhichsystematically describes the facts and characteristics of the object being studied accurately.The data source used is the data sourcefirst, seconds andtertiary, The data collection methodused in this research is firstly literature study, which is a technique for obtaining secondarydata through documents related to the problem, objectives and benefits of the research, thenafter the data is collected it is then analyzed to draw conclusions.Based on the research results, Law No. 22 of 1999 stipulates that the DPRD is theregional legislative body and the regional government is the regional executive body. So in thiscase the position of the DPRD is separate from the regional government organs, whereas inLaw No. 23 of 2014 the district/city regional government consists of the district/city regionalgovernment so that in this case the position of the DPRD is a working partner of the regionalhead in administering government, secondly, the ideal pattern of relationship between thelegislature and the executive is a balance between the two institutions, but this will reallydepend on the political system being built. In connection with the position of the DPRD as aworking partner on an equal footing with the Regional Head, legal products in the form ofRegional Government Law No. 23 of 2014 must be emphasized regarding the position of theDPRD in the regional government system. Even though it is stated that they are equal in thelaw, the actual situation places the DPRD under the Regional Head. This causes the DPRD'sperformance to be ineffective based on what is mandated by lawKeywords: Law, Government, DPRD.
FORMULASI SANKSI TINDAKAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN ALAT TANGKAP TERLARANG DI KAWASAN PESISIR Doni Anggarda Paramitha; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Fishing with explosives or blast fishing is very rife, especially in coastal areas wherethe main perpetrators are small fishermen. Perpetrators who use prohibited fishing gear, oneof which is the use of explosives, has been regulated in Law No. 45 of 2009 concerningAmendments to Law No. 31 of 2004 concerning Fisheries. In the regulation of sanctions, thelaw only focuses on punishment of perpetrators and there is no regulation of sanctions so thatmarine ecosystems damaged by the actions of perpetrators cannot be repaired again.Therefore, the purpose of this thesis research is first, to describe criminal sanctions againstfishing perpetrators using prohibited fishing gear in the current positive law and theimplementation of the regulation. Second, To formulate the formulation of sanctions foractions needed to be applied to fishing actors using prohibited fishing gear to protect marineecosystems in the future.This research can be classified into normative types of legal research. In this type oflegal research, often the law is conceptualized as what is written in laws and regulations orthe law is conceptualized as rules or norms that are a benchmark for age behavior that isconsidered appropriate. Therefore, the first source of data is only secondary data, consistingof primary legal material, secondary legal material, and tertiary data.This study obtained the first result, namely in the regulation of sanctions againstperpetrators of fishing with prohibited fishing gear, namely the use of explosives which hasbeen regulated in Article 84 paragraph (1) of Law No. 45 of 2009 concerning Amendments toLaw Number 31 of 2004 concerning Fisheries and threatened with a maximum prison sentenceof 6 (six) years and a maximum fine of IDR 1,200,000,000.00 (one billion two hundred millionrupiah). Meanwhile, the crime of blast fishing committed by small fishermen is specificallyregulated in Article 100B of the Fisheries Law. threatened with a maximum imprisonment of1 (one) year or a maximum fine of Rp250,000,000.00 (two hundred fifty million rupiah).However, if we look closely, sanctions arrangements only focus on punishment on perpetratorsand there is no sanction arrangement, sanctions are taken so that marine ecosystems aredamaged as a result of the actions of perpetrators that cannot be repaired. Second, theregulation of criminal sanctions that are relevant for small fishermen who use explosives whenfishing is the renewal of the criminal law by imposing sanctions in an effort to preserve andutilize marine resources so that they run well.Keywords: Action Sanctions, Prohibited Fishing Gear, Sanction formulation
PERTANGGUNGJAWABAN TERHADAP TINDAK PIDANA PENYEBAR BERITA PALSU (HOAX) BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Apilla Rahma Putri; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In the era of globalization the rapid development and progress ofinformation technology has led to changes in human life activities in various field.The development of information technology has influenced the development ofnow forms of crime that are more modern in nature namely the rise of fake news(hoaxes). In the name of freedom netizens feel they have right over their personalaccounts. Firm action needs to be taken in the form of imposing criminal penaltieson those who carry out the dissemination in order to give a warning not to actarbitrarily on social media. On the other hand there is no need to undermine thespirit of freedom of expression in a democratic system. The purpose of writing thisthesis is : first, to find out criminal responsibility related to those who spread fakenews (hoaxes) on social media. Second, to find out who is responsible for fakenews (Hoaxes) on social media.The type of research conducted by the author is normative juridicalresearch because it makes library materials the main focus in conductingresearch. This research is descriptive, in nature namely a study that describesclearlyand in detail about a problem.From the result of research problems there are two main things thatcan be concluded. Firsty, criminal liability for perpetratpors of criminalacts of spreading fake news (Hoaxes) on social media can be heldaccountable by being imposed by two legal regulations, namely law number19 of 2016 concerning amendments to law number 11 of 2008 concerninginformation and electronic transactions in article 45A paragraph 1 and inthe criminal code in article 360. The two,Every person who spreads fakenews (Hoaxes) is obliged, such as the Ministry of Communication andInformation, which handles the initial action. If there is fake news(Hoaxes)yhat spreads, the Indonesian Police also begins to follow up on thereport fake news (Hoaxes) in the hope that the news can be known morequickly whether it is true or a Hoax.Keyword : Criminal Liability – Fake News (Hoaxes) – Social Media
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP AHLI WARIS DALAM PENYELESAIAN KLAIM PADA PERUSAHAAN ASURANSI JIWA PT. SUN LIFE FINANCIAL INDONESIA DI PEKANBARU Nicolas Hutabarat; Rika Lestari; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Implementation of submitting life insurance claims by heirs to PT. Sun Life FinancialIndonesia in Pekanbaru often happens when the insured submits a claim to the insurancecompany and it is not always accepted because there are things that cause the application tobe rejected, namely related to the results of investigations that are less transparent inproviding reasons and grounds for rejection, therefore the aim of the research Firstly, to findout the implementation of legal protection for heirs regarding heir rights at the life insurancecompany PT Sun Life Financial Indonesia in Pekanbaru. Second, to find out the legal effortsof heirs regarding heir rights at the life insurance company PT Sun Life Financial Indonesiain Pekanbaru.The research method in this thesis uses a type of sociological legal research, namelyresearch on the effectiveness of law in society. The nature of this thesis research isdescriptive research that systematically describes the facts and characteristics of the objectbeing studied accurately. The data collection technique in this research is the interviewmethod and literature review, then after the data is collected it is then analyzed to drawconclusions.Based on research conducted, legal protection for heirs regarding heir rights at the lifeinsurance company PT Sun Life Financial Indonesia in Pekanbaru is not in accordanceviolates Article 31 verses 3 and 4 law Number 40 of 2014 concerning Insurance because inprinciple the company should provide protection and comfort to customers and be open inproviding information regarding rejection of life insurance claims. The legal action taken bythe heirs regarding their rights to the life insurance company PT Sun Life FinancialIndonesia in Pekanbaru is difficult to take because the rejection of the life insurance claim isfinal and from the inaccurate results of the investigation the company is freed from itsobligation to provide compensation and does not accept criticism from heirs because theresults of the investigation cannot be contested. Meanwhile, if you take the non-litigationroute or mediation outside the court, it still cannot be done because PT. Sun Life FinancialIndonesia in Pekanbaru has not registered its company with the membership of an officialindependent institution under the OJK (Financial Services Authority), in this case thecompany certainly violates Article 54 of the 2014 Insurance Law which requires insurancecompanies to become independent and impartial institutions.
PENGARUH AMICUS CURIAE TERHADAP PUTUSAN HAKIM MENURUT SISTEM PERADILAN PIDANA DI INDONESIA Ronaldo Stefano; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Amicus Curie is a term that means "friend of the court" or what is known asFriend of the Court. Amicus curiae is filed by someone who is not a party involvedin a case in a judicial process. Amicus curiae is a way to provide an opinion, andnot to fight, but amicus curiae gives influence to the judge in ensuring additionalpoints of view and relevant information in his considerations. The judicial systemin Indonesia is not yet clearly regulated, but the legal basis for accepting amicuscuriae in Indonesia is in article 5 paragraph (1) of Law no. 48 of 2009 concerningjudicial power, which states that judges and constitutional justices are obliged toexplore, follow and understand the legal values and sense of justice that exist insociety. The aim of this research was to determine the influence of amicus curiae inthe criminal justice system and to find out the legal provisions for amicus curiae inthe future in the criminal justice system in Indonesia.This research is normative legal research supported by secondary data,carried out by using library materials as the main focus. Also called doctrinal legalresearch, namely legal research that uses data based on library research by takingquotations from reading books, or supporting books that are related to the problemto be researched. Thus, this research uses secondary data sources consisting ofprimary, secondary and tertiary legal materials. Thisresearch also uses qualitativedata analysis and produces descriptive data.The results of the study concluded that amicus curiae had an influence onjudges' decisions which had different results. In several decisions, the participationof the amicus curiae plays an important role in the judge giving the decision so thatthe opinions and views expressed influence the final outcome of the decision, but insome cases the amicus curiae is completely ignored for various reasons, one ofwhich isthat the defendants have fulfilled the elements of a criminal act so the judgedoes not accept the amicus curiae. This and amicus curiae require new, clearerregulations on criminal matters, which will make it easier for judges to expressopinions from amicus curiae into a decision.Keywords: Influence – Amicus curiae– Judge's decision.
PENEGAKAN HUKUM TERHADAP ANAK YANG TIDAK MENGGUNAKAN HELM DI WILAYAH KOTA PEKANBARU Sundari, Nur Shinta; R, Mukhlis; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 22 of 2009 concerning Road Traffic and Transport states inArticle 291 paragraph (1) every person who drives a motorcycle without wearingan Indonesian national standard helmet as referred to in Article 106 paragraph(8) shall be punished with a maximum imprisonment of 1 (one) month or amaximum fine of Rp.250 (2) every person driving a motorcycle who allows hispassenger not to wear a helmet as referred to in Article 106 paragraph (8) shallbe punished with a maximum imprisonment of 1 (one) month or a maximum fineof Rp.250.000,00 (two hundred and fifty thousand rupiah). However, in realitythere are still many motorbike riders who commit violations by not wearinghelmet when riding, whice can threaten safety if an accident accurs.This type of research can be classified as sociological research becausethe author directly conducts research at the location or field where it isresearched in order to provide a complete and clear picture of the problem understudy. This research was conducted at the Pekanbaru City Resort Police, wherethe population and sample were all parties related to the problem under study.The The results of this study explain that law enforcement is carried out bythe police by conducting operations in one place (stationary) and operationscarried out in motion (hunting) by carrying out preventive and repressiveenforcement. The efforts made by the police are to provide socialization to thecommunity and students. The obstacles faced by the police are the lack of publiclegal awareness and the lack of firmness and discipline of police officers inenforcing the law. It is suggested that law enforcers cooperate more withorganizations, community leaders, and schools in conducting socialization. It issuggested that law enforcers be more assertive and disciplined in enforcing thelaw against violators who do not wear helmets. It is hoped that the people ofPekanbaru City will be more concerned with safety when driving in order tominimize the impact of accidents that occur to children.Keywords: Law Enforcement, Traffic Violations, Children.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Diva Beauty Tomanda; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Everyone has human rights, one of which is legal protection. Victimprotection revealed that in principle it has been regulated in Law Section Number12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47concerning Victim Protection. In accordance with the provisions of Article 4 ofthe Witness and Victim Protection Law, witness and victim protection aims toprovide a sense of security to witnesses and/or victims in providing informationduring any criminal detention process. Therefore, the aim of this thesis researchis firstly to explain the legal protection for female victims of sexual disclosurefrom the perspective of Indonesian criminal law, secondly to describe theweaknesses contained in the PSK Law regarding the legal protection of femalevictims of sexual disclosure.This research is normative legal research, referring to positive legalnorms that apply in Indonesia to answer issues that exist on the surface. This isbased on library research which takes quotations from book readings, orscientific research as support that is related to the problem to be researched. Thisresearch uses secondary data sources consisting of primary, secondary andtertiary legal materials. This research also uses qualitative data analysis andproduces descriptive data.From the results of the discussion it was concluded that, firstly, legalprotection for women who are sexually victims is discussed in the Criminal Lawin Indonesia regarding the restoration of victims' rights, while technicalprotection is mandated by the Witness and Victim Protection Law. The secondobstacle in legal protection for victims of sexual disclosure is that the realizationof the LPSK's duties and authority in the PSK Law is not specifically regulated ina separate provision or chapter, the victim is actually re-criminalized by theperpetrator through the ITE Law in the article on defamation, a culture ofblaming the victim, legal sanctions are required. For perpetrators of restitutiveviolence, many forms are open but the laws used are still the same, resulting inlegal violations. The author's suggestion is that regulations are needed thataccommodate a sense of justice for victims of sexual harassment. It requires astrong desire by each stakeholder to ensure that all stages run correctly.Keywords: Legal Protection, Victims, Sexual Harassment
KONSTRUKSI PEMUNGUTAN RETRIBUSI PENYEDIAAN FASILITAS PASAR TRADISIONAL ANTARA DINAS PERINDUSTRIAN DAN PERDAGANGAN KOTA BATAM DENGAN PENYEWA KIOS PASAR DITINJAU BERDASARKAN HUKUM PERDATA Aulia Shaharani; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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An agreement is a law for the parties entering into it and the implementation of theagreement must not conflict with public order. The agreement must be adhered to if one partydoes not carry out the obligations that have been stipulated then that party has committed abreach of contract. Retribution is a regional levy as payment or certain services or gifts that arespecifically provided and/or given by the regional government for the benefit of individuals orentities.The problem that occurs in this thesis is that market traders have defaulted where marketstall tenants have not carried out one of their obligations as stipulated in the agreement. It hasbeen stipulated in the market stall rental agreement that Article 6 paragraph (2), in Article 7paragraph (1) Article 7 paragraph (5) In fact, in the field, traders still violate the agreementagreed upon by both parties. The method used in this research is a sociological type of research.The research was conducted at traditional markets managed by the Industry and Trade Office ofBatam City. The samples taken in this study were 10 people. Data collection techniques areinterviews and literature study.The results of this study are, the provisions stipulated in the market stall rentalagreement are in accordance with the law as well as the terms and elements of an agreement. theimplementation of the market stall rental agreement did not go well where there were still manymarket stall tenants who defaulted from 28 kiosk tenants, 21 kiosk tenants who violated the termsof the agreement. the efforts made by the relevant department of not fulfilling this achievementare by giving verbal reprimands and giving Warning Letters One to Three Warning Letters.Keyword:Default,Lease-Agreement,Retribution

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